Parcel 164TO:
FROM:
DATE:
RE:
INTEROFFICE MEMOR ti
Sue Filson, Administrative Assistant
Board of County Commissioners
Jean Jourdan, Real Properly Special st II ~,'
Real Property Management Departmen?'"//
July 8, 1999
Golden Gate Boulevard, Parcel 164
Project 69031 (Gulfstream Homes)
Pursuant to Resolution 98-107, Agenda Item 16.B.1, dated April 28, 1998, the
Board has authorized its present Chairman and any subsequent Chairman, for
the life of the Project, to execute any instruments which have been approved by
the Office of the County Attorney.
For the Golden Gate Boulevard Project, please reference Resolution No. 98-107,
Paragraph 8. ~'
The attached Easement Agreement has been executed by the property owner of
the subject parcel of land.
This document has been reviewed and approved by County Attorney staff.; ~
Please complete the document(s) as necessary and return them to my
attention.
If you have any questions regarding this matter, please contact me at;774-8991.
Thank You.
Attachment:
PROJECT: Golden Gate Boulevard/6304 I
PARCEL: 164/Gulfstream Properties, Inc.
FOLIO: 36815320004
EASEMENT AGREEMENT
Tills EASEMENT AGREEMENT (hereinafter referred to as the "Agreement') is made and entered inlo by and
between GULFSTREAM PROPERTIES, INC., a Florida corporation, (hereinafter referred to as the "Owner"), and
COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as
the 'Purchaser');
'¢~IEREAS, Purchaser requires a perpetual, non-exclusive easement for road right-of-way, drainage, sidewalk,
utility and maintenance purposes over, under, upon and across the lands described in Exhibit "A" (said easement
hereinafter referred to as the 'Property'), which is attached hereto and mzde a part of this Agreement,
SEE A'VfACllED EXttlBIT 'A', which is incorporated herein by reference;
WItEREAS, the Owner desires to convey the Easement to the Purchaser for the stated purposes, on the terms a~sd
conditions set forth herein;
WHEREAS, the Owner desires to be compensated for the .Easement, as well as any, improvements located thereon;
WIJEREAS, the Purchaser has agreed to compensate the Owner for the granting of the Easement and for the
improvements, over, under, upon, and across the Property.
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other gofxl and
valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it i.~ agreed by and
between the parties as follows:
1. Owner shall grant Purchaser the Property in exchange for the sum of $14,900.00, broken down as follows:
Easement S 2,$00.00
Improvements S 5,300.00
Net Damages &/or Cost to Cure ~
TOTAl.: $14,900.00
Owner accepts the above compensation as full payment for the Propet~y, and for all landscaping, t~ecs, shrubs,
improvements and fixtures located thereon, and for any damagea resulting to the remainder, il' less than Owner's entire
properly was taken, and for all other damages in connection with the conveyance of said Property to Purchaser.
2. Purchaser shall pay Owner by County Warrant.
3. This Agreement shall be null and void, and of no further force or effect, unless closing shall occur within ninety
(90) days from the date Purchaser executes this Agreement; provided; however, that Purchaser shall have the unilateral
right to extend the term of this Agreement' pending receipt of all properly executed instruments affecting Purchaser's
enjoyment of the Property. At closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the
Property to Purchaser in an instrument acceptable to Purchaser.
4. Prior to the closing, Owner shall obtain from the holders of any and all liens, encumbr-'-nces, exceptions, or
qualifications in and to the Easement, the execution of such instruments that will, upon their recording in thc Public
Records of Collier County, Florida, clear any and all encumbrances from the Easement. Such instruments shall be
provided to Purchaser on or before the date of closing.
5. Conveyance of the Properly, or any interest in the ProperW, by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and thc written Agreement, including all exhibits arlached hereto,
shall constitute the entire Agreement and understanding of the panics, and there are no other prior or contemporaneous
written or oral agreements, undertakings, promises, warranties, or covenants not contained herein.
6. Owner is aware and understands that the "offer" Io purchase represented by this Agreement is subject to
acceptance and approval by the Board of County Commissioners of Collier County, Florida.
7. Owner represents that the Property and all uses of the Properly has been and presently is in compliance with all
Federal, State and Local envirorunental laws; that no hazardous substances have been generated, stored, treated or
tzansferred on the Propert3t except as ~ecifically disclosed to the Purchaser; that the Owner has no knowledge of any spill
or envirom'nental law violation on any property contiguous to or in the vicinity of the Property to be sold to the Purchaser,
that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or
threatened enviroruncntal lien against the Property or c) any lawsuit' proceeding or investigation regarding th~ generation,
storage, ~catment' spill or transfer of hazardous substances on thc Property, This provision shall survive closing and is not
deemed satisfied by conveyance of title. ~'
8. Owner shall indemnify, defend, save and hold harmless thc Purchaser against and from, and to reimburse the
Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation
reasonable paralegai and attorney fees and expenses whether in court, out of court, in banlu~ptcy or administrative
proceedings or on appeal), penalties or fines incurred by or asserted against the Purch-~ser by reason or arising out of the
breach of Owner's representation under Section 7. This provision shall survive closing and is not deemed satisfied by
conveyance of title. ~'
9. The Purchaser shall pay for all costs of recording the conveyance instruments in the Public Records of Collier
County, Florida. All other costs associated with thin transaction including but not bruited to transfer, documentary and
intangible taxes, and recording costs for any curative insl~'uments ahall be borne and paid by Owner. Owner shall be
responsible for paying any costs and/or fees associated with the securing and recording a Subordination, Consent & Joindar
of Easement of the mortgage(s) recorded against the Easement from the mortgagee(s). ~
Page
10. This Agreement and the ~ and provisions hereof shall be effective as of the da~: this Agreement is executed
by both parties and shall in~re to th~ benefit of and be b~nding upon the p~ie~ berem and their respective heir~, executors,
persona! repre~entative~, mcce~ors, mcce~or trustees, and/or t~ignees, when~ ~h¢ context so requires or
I I. If the Owner holds the Property in the form ora parmlip, limited parmer~hip, coq)oration, trust or any form
of representative capacity whatsoev~ for others, Owner shall make a wrltt~n public disclosure, according to Chapter 286,
Florida Statutes, under oath, of the name and address of every person having ~ beneficial interest in the Prol~rty before the
Property held in such capacity is conveyed to Purchaser, ils successors and assigns. (If thc corporation is regl~ered with
thc Federal Securities Exchange Commission or registered pursuant to Chapter :517, Florida Statutes, whose stock is for
sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statute.)
12. This Agreement is governed and construed in accordance with thc laws of thc State of Florid'-,.
IN WITNESS WIIEREOF, thc parlies hereto
Date ProperW acquisition approved by BCC: 4,~8/98
AS TO PURCHASER:
DATED'c'. ..~i' 'l'
AS TO OWNER:
DATED:.__~/* q
Wimess f.~jgnature.) ....
Name:~
(Print or Type)
have executed this Agreement
on this /~,~. day of
BOARD OF C_OUNTY COMMISSIONERS
COLLIER ,
BY:pA . ,
GULFSTREAM PROPERTIES, INC., a Fl}~rida
Presiden~
Address: 2730 Golden Gate Boulevard West
Naples, FL 34120
Approved as to form and
legal sufficiency:
Heidi F. Ashton
Assistant County Attorney
OFFICE OF CAPITAL JECTS
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192 ,{
SKETCH OF DESCRIPTION
PROJECT NO.~ 63041
PROJECT PARCEL t40. 164
(100' RmO.W,)
GOLDEN GATE BOULEVARD
L EYJST. 50' R,W EAS EMENT% ..E~ EXi.,
25 FOOT ROAD RIGHT OF WAY
DRAINAGE, SlOE'WALK, UTIMTY,
& MAJNTENANCE EASEMENT
DESCRIPTION:
THE SOUTH 25 FEET OF THE NORTH 75 FEET OF TRACT 80 LESS
THE EAST 30 FEET THEREOF,GOLDEN GATE ESTATES UNIT NO. 5.
AS RECORDED IN PLAT BOOK 4, PAGE gl OF THE PUBLIC
RECORDS OF COLUER COUNTY, FLORIDA.
N(~4q~TH PROPE ~T*'f [,~
TING RIGHT OF WAY LINE
~ E,~,qT PRO~ERT'Y LIllE
:
I
~..
FILIE NO,
JULY 15, lg~6 GGBI64
SHEET 1 OF 1
PROJECT:
PARCEL:
FOLIO:
2517186 OR: 2580 PG: 1090
IIC0ROl0 in
Jl/10/I9~! it 11:23A1~ Ol~l'(;Irr I. HOCI, (:Lilt
COILS 14100.1t
GG Blvd. IIC t'll 15.11
COPII$
164/Gulfstream Properties, Inc. Retn..
36815320004 RIAL
....... -" Ii?Il
·, EASEMENT
THIS EASEMENT made and entered into this ~)~-, day of .~,-
by GULFSTREAM PROPERTIES, INC,, a Florida corporation, whose mailing address is
2730 Golden Gate Boulevard West, Naples, FL 34120 as Grantor to COLLIER COUNTY, a
political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail
East, Naples, Florida 34112, its successors and assigns, as Grantee.
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this
instrument and their respective heirs, legal representatives, successors and assigns.)
WITNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual,
non-exclusive easement, license, and privilege for road right-of-way, sidewalk, drainage,
utility and maintenance purposes on the following described lands located in Collier County,
Florida, to wit:
See attached Exhibit "A" which is
incorporated herein by reference.
Subject to easements, restrictions, and reservations of record,
THIS IS NOT HOMESTEAD PROPERTY
TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter upon
said land, place, excavate, and take materials for the purpose of constructing, operating and
maintaining sidewalk, drainage and utility facilities thereon. Grantor and Grantee are used
for singular or plural, as the context requires. The easement granted herein shall constitute
easements running with the land and shall burden the lands described above.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date
and year first above written.
Witness (Signature)
Name:_.L;,_ ,',~., ,.,..:
*, (Print or Type)
Witness (Signature)
Name:
(Print or Type)
GULFSTREAM PROPERTIES, INC., a Florida
corporation /
/,;,
BY:.../" ,/..'/~/-' ~._::., /x,- /
PresidentJice,Pre$1dent
Address: 2730 Golden Gate Boulevard West
Naples, FL 34120
THTS CO:/VFYAr¢6[ AF. CEPTED BY THE
[['.:F~. CF COIJtIT¥ COHMISSIONERS,
COLLi[R COUNTY, FLORIDA,
PURSUA;II' TO THE P.I~OVISIO~NS
OF RESOLUTION NO. ~
· .. OR: 2580 PG: 1091
COUNTY OF~
The foregoing Easement was acknowledcled be[ore me this :'''/')7~ day of
~..~_3J./3z=___, 1999, by , ; '"5 ' __ (Name)
c,---.;(.~ (Title) _0~n.._~_ehalt..,of Gulfstream Propedies, Inc., a Florida
corporation, ~ho is personally known to me,or who has produced as
~dent~ficabon.
(affix notarial seal)
(Si_g. nature of Notary Public!/?
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission # (.~C .~'~
My Commission Expires:
..~.%..,, i -------~C"*~%* OR: 2580 PG: 1092 **'
OFFICE OF CAPITALi~R--O3~C-~
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
PROJECT NO 63041
PROJECT PARCEL HO, 164
(100' R.QW.)
GOLDEN GATE BOULEVARD
'~-- EX'ST'50'R'WEASEMENT---j_..E EX;:
25 FOOT ROAD RIGHT OF WAY
DRAINAGE, SIDEWALK, UTILITY,
& MAINTENANCE EASEMENT
TRACT 80
DESCRIPTION:
THE SOUTIt 25 FEET OF THE NORTH 75 FEET OF TRACT 80 LESS
THE EAST 30 FEET THEREOF,GOLDEN GATE ESTATES UNIT NO, 5,
AS RECORDED IN PLAT BOOK 4, PAGE 91 OF THE PUBLIC
RECORDS OF COLLIER COUNTY. FLORIDA
TING RIGHT OF WAY LINE
DRAWN BY
t' · 100' I JULY 16, 1998 GGB164
SHEET 1 OF 1